Newsbrief:
Alaska
Governor
Seeks
to
Overturn
Legal
Home
Marijuana
Possession
1/28/05
https://stopthedrugwar.org/chronicle-old/372/murkowski.shtml
Alaska is the only state
in the nation where possession of personal amounts of marijuana for one's
own use in one's own home is legal under state law, and the state's law
enforcement and political establishments can't stand it. In the latest
effort to override the state constitution, on January 21 Republican Governor
Frank Murkowski asked the state legislature to ignore two Alaska Supreme
Court rulings and re-criminalize home marijuana possession. And while
he's at it, Gov. Murkowski wants to increase some current marijuana misdemeanors
to felonies.
In September, the
Alaska Supreme Court upheld an earlier lower court ruling allowing
adults to have up to four ounces of pot at home for their personal use.
That
lower court ruling was based on a 1975 Alaska Supreme Court ruling
in Ravin v. State, where the state's highest court held that the state
constitution's strong privacy protections outweighed any harm caused by
at-home marijuana use. That remained the law until 1990, when voters
passed an initiative outlawing any amount of marijuana. But in the
recent rulings, the courts held that a constitutionally-protected right
-- in this case, the right to use marijuana at home -- cannot be erased
by a majority vote.
Murkowski has introduced
a bill that would once again seek to trample on the state constitution,
this time by hyping the alleged dangers of today's marijuana. "The
Legislature finds that marijuana poses a threat to the public health that
justifies prohibiting its use in this state, even by adults in private,"
the bill asserts.
Although it sounds like Murkowski
has already made up his mind about the health risks of pot, he touted the
bill as an opportunity to explore those risks. "The bill would provide
a forum for the Legislature to hear expert testimony on the effects of
marijuana and to make findings that the courts can rely on," the governor
said in a letter to lawmakers.
Murkowski's hope is that
the Alaska courts can be swayed to reconsider their decisions if he can
persuade them the health risks of marijuana are significantly greater today
than in years past. While that is open to debate, what is certain
is that any legislation attempting to override current law will be challenged.
"Unconstitutional still remains unconstitutional no matter what the Legislature
thinks," said William Satterberg, the Fairbanks attorney who successfully
argued the appeals court case that reinstated legal home weed in Alaska.
-- END --
Issue #372
-- 1/28/05
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